Note 191 — GENERAL REMARKS ON THE MEDICAL EVIDENCE REQUIRED TO SUBSTANTIATE AN ACCUSATION OF POISONING.

1. “The trial of Charles Angus, Esq. for the murder of Margaret Burns, taken in short hand by William Jones, jun. 8vo.” Liverpool, pp. 1808, 288. Also

2. “A vindication of the opinions delivered in evidence by the medical witnesses for the crown, on a late trial at Lancaster for murder, 8vo.” 1803.

3. “Remarks on a late publication, entitled “A Vindication of the Opinions delivered in Evidence by the Medical witnesses for the Crown, on a late trial at Lancaster.” By James Carson, M.D.”

4. “An Exposure of some of the false statements contained in Dr. Carson’s pamphlet, entitled “Remarks, &c.” in a letter to that gentleman, by James Dawson, Surgeon.”

The suspicion against the prisoner, Charles Angus, was, that he had endeavoured to procure a premature delivery, or abortion, by means of an instrument resembling a long trochar, and that he had administered, or been privy to the administration of certain drugs, which had occasioned such effects upon the stomach of the deceased, as in the end produced her death. The prisoner was a retired merchant, with two or three children, with whom the deceased had lived as housekeeper and governess. It appeared in evidence that improper familiarities had been noticed between them, and that Miss Burns had, for some time, appeared out of health, and that her abdomen was much increased in size at the period when she was attacked with the symptoms which preceded her death, and which, as we learn from the witnesses on the trial, presented the following history.

The deceased was seen by the servants of the family at about six o’clock, on Wednesday morning, the 23d of March, 1808, at which time she was in her usual state of health; but replied to one of them, who remarked her having risen earlier than usual, that she could not sleep. She was next seen by the servants at a quarter before nine, sitting at breakfast with Mr. Angus, but apparently very ill; after breakfast she was lying on a sofa complaining of a pain in her bowels, but she was not then sick. On moving about afterwards, she held by the chair, as if from pain, and about an hour and a half after breakfast, she ordered some water gruel, of which she drank nearly three quarts in the course of the day, being very thirsty, and in considerable pain, and so sick as to reject the gruel almost as soon as it was taken. The matter vomited was described by the house-maid as being, at first, very black, but becoming, towards the last, of a green colour; the kitchen maid, however, described it as being in the first instance of a green colour, with yellow pieces in it resembling the inside of an orange, or the yolk of an egg, and as turning blacker after it ceased to be green. While thus retching, Miss Burns observed to the house-maid, “Oh, Betty, what bile comes off my stomach! I wish I had taken an emetic long since.” On the servants going to bed that night, she seemed very poorly, but did not complain to them.

On Thursday morning, at six o’clock, she was lying, as she had been left the night before, on the sofa, with pillows under her head; she complained that she was very thirsty; said she was tired of gruel, and had some water posset, and a little warm beer. She also complained that she was badly hurt to make water; but was relieved by sitting on a sliced onion, with some boiling water poured over it. Her vomiting was now of a blacker colour, and she continued sick and vomiting all day, till towards evening, when the sickness went off, and she appeared better, and could stir more about.

On Friday morning, at four o’clock, the house-maid went into the room, and thought her much worse, as she breathed quicker than before. She was seen again at six in much the same state, and lying in the same posture on the sofa; she asked for some warm beer, which settled on her stomach, and she also took about a pint of gruel; she said that the pain had left her. Her vomiting had ceased, but was succeeded by a “lax,” which continued all the morning. A little before ten, the house-maid was sent out for some Madeira, Miss Burns having expressed a wish for some. Between the hours of ten and eleven, the kitchen maid was in the room, and received orders about dinner; and Miss Burns said she would have some barley water. On the return of the house-maid, about eleven, she went straight into the parlour, where Miss Burns was found lying dead in the corner, by the door, with her face against the wall, “cowered of a lump,” her elbows upon her knees, and one foot “crudled” under her; Mr. Angus, who had nursed her throughout, sitting in an arm chair, apparently so fast asleep that he was not roused without difficulty. During the whole course of her illness, she did not go to bed, but remained in the parlour, generally lying on a sofa. She refused to have medical assistance; but Mr. Angus said that he had given her seven drops of laudanum on one night, and ten on another, and that on the morning of her death he had given her some castor oil, in spirit, but that it came up immediately.

REPORT OF THE DISSECTION.

On Sunday the 27th of March, 1808, at noon, Dr. Rutter was desired by the Coroner of Liverpool to take with him an experienced surgeon to the house of Mr. Charles Angus, and there to examine the body of a young lady who had died suddenly.

The examination was made at two o’clock the same day, by Mr. Hay, a surgeon in Liverpool, with his apprentice, in company with Dr. Rutter and Dr. Gerard; and the following report on the subject was presented to the coroner in writing.

“On our arrival at the house, we were introduced into a parlour, where we found Mr. Angus, with some other persons to us unknown; and we delivered to him the note from the coroner as the authority under which we acted. Upon perusing it, he expressed perfect willingness that the examination should be made. We were then introduced into the room up stairs, were the body of the deceased was laid. After having removed the body, a small stain of blood was observed on the sheet of the bed on which it had laid; and the pillow was stained with a fluid which had issued from the head. The body being laid on a table, a large quantity of a thin yellowish fluid poured out from the nostrils, and was collected in vessels. No marks of external violence were discovered on the body; nor was there any appearance of commencing putrefaction. The nails of the fingers were of a bluish colour; and the veins on the external surface of the abdomen or belly appeared to be much enlarged. At this period we were joined by Mr. Christian, surgeon. On opening the abdomen, a considerable quantity of fluid was found to have been effused into that cavity, similar in colour and smell to that which issued from the nostrils, but more turbid. Marks of inflammation were found on the external or peritoneal coat of different portions of the small intestines; but the large intestines were free from it. The external coat of a part of the smaller curvature of the stomach was also inflamed; and a similar appearance of inflammation was observed on a small portion of the anterior edge of the liver, directly over the smaller curvature of the stomach. On raising up the stomach, an opening through its coats was found in the anterior and inferior part of its great curvature; and from this opening a considerable quantity of a thick fluid of a dark olive colour issued; of which fluid some ounces were collected and preserved. The natural structure of the coats of the stomach for a considerable space around this opening was destroyed; and they were so soft, pulpy, and tender, that they tore with the slightest touch. Around this part of the coats of the stomach, there were no traces of inflammation whatever. The stomach was then taken out of the body; and its inner surface was carefully washed; and the contents washed out were preserved. A quantity, about three ounces, of a fluid resembling that in the stomach, but not quite so thick, was also taken out of one of the small intestines, and preserved.

“On examining the womb, it was found to be very considerably enlarged, and, on its inner surface, the part to which the Placenta, or after-birth, had adhered, was very plainly discernible. This part was nearly circular, and occupied a space of about four inches in diameter. The mouth of the womb was greatly dilated. In a word, the appearances of the womb were such as might have been expected a few hours after the birth of a child nearly full grown.

“The fluid taken out of the stomach and intestines, and cavity of the Abdomen, as well as that collected from the nostrils, was taken away: and, afterwards, in the course of the same day, examined, and subjected to various trials, with a view to discover the presence of such mineral substances as were likely to produce appearances or effects similar to those which were found in the stomach of the deceased. In this examination, we thought it right to request the assistance of Dr. Bostock. The contents of the stomach were, as has already been mentioned, of a dirty olive colour, thick, and of an acid smell. A considerable number of large globules of a dark coloured, dense, oily fluid, floated upon them; but no particular smell that we could discover. We could not discover, in the contents of the stomach, by the smell, the presence of any known vegetable substance, capable of producing deleterious effects when introduced into it. The fluid contained in the stomach deposited no sediment; nor was any but a mucous sediment found in the water with which the inner surface of the stomach was washed. Upon subjecting the contents of the stomach, in the state in which we found them, to such tests as are deemed sufficient to detect the presence of any active preparation of Mercury or Arsenic, we could not detect either of these substances. The contents of the stomach were then filtered, and subjected to the same trials, but with the same result. These trials were made at Dr. Bostock’s, in the presence of Dr. Gerard and Dr. Rutter.”

The substance of this report was afterwards delivered, in evidence, on the trial; and the following additional circumstances stated.

“The preternatural opening in the stomach was larger than a crown piece; but Mr. Hay thinks he may have increased it in drawing down the stomach, as it was nearly in the centre of the disorganized portion, where the coats were thin, soft, and semi-transparent. The stomach was nearly full of the fluid described, but not distended. The intestines also contained a great deal of a similar fluid; and the internal villous coat of the duodenum was slightly inflamed, while its external coat was also more inflamed than that of the other intestines.”

In consequence of the suspicious circumstances attending the death of Miss Burns, Charles Angus was indicted for her murder; but, after a trial which occupied the court from eight o’clock on Friday morning, until three on Saturday, the 2d of September, 1808, the prisoner was acquitted.

The medical defence, conducted by Dr. Carson, and which savoured more of the ingenuity of the forensic pleader, than the justice of the honest inquirer after truth, rested upon the following grounds, viz. 1. The appearances of the stomach upon dissection are to be reconciled upon the supposition of the dissolution of its coats having taken place, after death, in consequence of the action of the gastric fluid. 2. The symptoms which preceded death were not such as accompany corrosive poisoning. 3. No poisonous substance was detected in the body. 4. The appearance of the uterus does not justify the conclusion that a delivery had recently taken place; such a dilated state of the organ, had it lately parted with a placenta, must have occasioned death by hemorrhage, or it must have been found gorged with coagulated blood. 5. The appearances may be reconciled by supposing that an expulsion of hydatids had taken place.

We must not omit to state, that in consequence of the intense interest excited by this trial, the ovaria were subsequently examined, when a corpus luteum was discovered.

We cannot conclude this account without expressing a regret that several important sources of information should have been neglected. The omitting to inspect the appendages of the uterus, to examine the œsophagus, the chest, and the head, and to analyse the membranes of the stomach, are instances of inattention, for which it is not easy to find an excuse. May they furnish a salutary lesson for future anatomists.